The following claims were submitted on Abstract #9 of 2009:

General

Claims 206 - 224

$5,019.08

Highway

Claims 107 - 126

$13,706.17

Prepay General

Claims 28 - 30

$930.82

The following claims were submitted on Abstract #4 of 2009:

Landfill

Claim 5

$246.44

Coun. Berg asked why some bills were dated June and July, and Supv. Keith answered that sometimes charges need to be adjusted and vendors’ bills sometimes arrive immediately following a board meeting.

Coun. Smalley commented that refuse haulers seem to be charged less than the Town and asked if it would be less expensive for the Town to contract with them. Supv. Keith responded in the past the Town has contracted with haulers but experience shows that it is less expensive for the Town Custodian to transport refuse to Lake Clear.

Motion to approve payment of claims
(W.Kretser-C.Smalley m/s/p) ALL AYE

4. MINUTES

The minutes of the July 26 public hearing were accepted as presented.
The minutes of the August 12 regular board meeting were accepted as presented.
The minutes of the August 26, 2009 special, board meetings were accepted as amended:

"5. PLANNING BOARD DISCUSSION.... Coun. Smalley speculated whether the proposed law should also include methods for appointing and review of candidates, but Attorney Smith advised not. However, the appointment process should be done in an open and fair manner. Supv. Keith suggested the Board advertise to see if anyone is interested in serving on the planning board. The Board concurred will discuss this further." (change per 09-09-09 board meeting)

5. SUPERVISOR'S REPORT

Balances at August 1, 2009:

General Fund

CK

$24,842.16

SV

$2,538.49

CLASS

$116,936.88

Historian

$2,750.11

Highway Fund

CK

$43,951.34

SV

$21,156.64

CLASS

$447,299.14

Cap Proj Hwy

$36,390.99

Landfill

CK

$2,491.89

CLASS

$53,924.30

Fire

CK

$3,533.73

CLASS

$685.29

Cap. Building

CLASS

$23,925.57

Coun. Smalley asked if the transfer of funds into Capital Projects Highway was in anticipation of the paving season, and Supv. Keith replied that both the $20,000 transfer into Highway Capital Project and the $10,000 transfer into Capital Project Building funds represent the Town’s budgeted annual contributions.

6. HIGHWAY REPORT

Mowed Rock Street, Alder Brook, French and Goldsmith Roads

Additional work on Swinyer Road "GIP") shoulders, ditches, culvert)

Swinyer Road. Replaced Swinyer Rd. culvert at Gardner residence (road was caving in as old concrete culvert out of alignment). Also patched the road where culvert was replaced. Also removed large rock near Ed Martin’s residence.

Cold Brook Road.Paved section of this road and will be shouldering with the county’s machine.

Beavers.Problems on Sinkhole and Alder Brook Park Roads. Local trapper contacted but have not been able to coordinate schedules. Researching other trappers.

Equipment.Old mower broken down; researching other options. Received two estimates for repair of mower; Bob Besaw reports that it would cost more to repair the mower than to replace it.
Oil samples sent for Units 2, 7 and 9 dump trucks as well as loader and backhoe.

Shared Services.Two men with trucks sent to help pave at Saranac Lake High School
Two men with trucks to help Town of Brighton with paving
Two men with trucks to assist Town of Harrietstown haul sand

Thanks to Harrietstown, St. Armand and Brighton for help with paving as well as Franklin County which performed paving for us with men and equipment. Also a special expression of gratitude to the Town of Saranac for men and equipment throughout the year.

B. HIGHWAY COMMITTEE.

Coun. Kretser stated the reclamation work on Cold Brook Road was done very well and that the Town should do the same in the future on other roads.

Coun. Smalley asked about prices on asphalt. Coun. Kretser responded that the Highway Superintendent was working on this and information should be available to the Board within the next couple of weeks.

Coun. Ordway inquired when negotiations with the Teamsters Union with commence, and Supv. Keith replied she had contacted Union officials several times but has not received anything in writing or even a date.

Coun. Smalley queried the number of mowers in the Highway Dept., and Supv. Keith indicated an old mower attachment for grass and weeds was patched up last year and another cutting tool is the boom-flail cutter for brush and small trees. Coun. Berg commented that the Highway Supt. had obtained 2 price estimates for repair of the old mower, and Coun. Kretser added he would like 3 price quotes on repair of the mower attachment or an expert statement to the effect that it is too expensive to repair and the old mower is useless. The Highway Committee will discuss with the Highway Superintendent, that more detail was necessary.

C. QUESTIONS AND COMMENTS RE HIGHWAY.

None.

7. NEW BUSINESSS

A. SCHEDULE BUDGET WORKSHOPS

The General Fund Budget Workshop will be held at 7:00 pm on Wednesday, September 30 and the Highway Fund Budget Workshop will be held at 7:00 pm on Monday, October 5, both at the Franklin Town Hall. The Town Clerk will publish notices to that effect.

B. AMEND RESOLUTION #25

Supv. Keith requested a resolution amending Resolution 25 adopted at the June 24, 2009 special board meeting introducing the major subdivision law. Some criticism was received that the law was in draft form. The final of the law was distributed to the Town Board in appropriate Department of State form.

RESOLUTION NO. 35: AMEND RESOLUTION NO. 25 WHEREAS, to counter criticism that the proposed Local Law #1 of 2009 - Town of Franklin Major Subdivision Control Law - was disseminated in draft form, another "whereas" clause will be added to the resolution to reflect that typographical errors have been made and cosmetic changes effected; NOW, THEREFORE, BE IT RESOLVED that Resolution No. 25 is amended:

"RESOLUTION NO. 25: FOR PROPOSED LOCAL LAW #1 OF 2009 - 'TOWN
OF FRANKLIN MAJOR SUBDIVISION CONTROL LAW"WHEREAS, the Town of Franklin town board and town residents experienced a lack of consideration in the review of a subdivision through an APA process, noting that the town also lack established standards and guidelines for review of subdivisions, recognizing the APA does not review all major subdivisions in the town due to limited jurisdiction is hamlet and low intensity use classified private lands, recognizing the desirability of a local law that would guide applicants in subdivision design and provide opportunities for residents to review and provide input in subdivision design, all at fair process at the town level, and
WHEREAS, the Town of Franklin Town Board appointed a Citizen’s Advisory Committee ("CAC") to assist with the drafting of a major subdivision control law on May 19, 2008, and
WHEREAS, the CAC reported regularly to the town board with progress in the drafting of the law, and the board provided advise and consent as necessary, and
WHEREAS, the community survey of March 2009 demonstrated 2 to 1 town taxpayer/ landowner support for a subdivision law, including slight favoritism for use of a town board appointment of town residents to a planning board as the decision board to implement the local law, and
WHEREAS, the town board would retain the authority to solicit interested and qualified town residents and to appoint town residents to staggered year terms, provide for opportunities for the appointment planning board members and alternates to obtain the state required annual training, maintain the authority to appoint the town Code Enforcement Officer to assist with the administration of the law and the decision whether to accept the dedication of new town roads or other public facilities, and establish the fees for subdivision applications and the annual budget for the planning board; and
WHEREAS, the CAC has advised that the advantages of a planning board include an independent board making decisions and recommendations based on professional and common sense judgment following the specific standards, guidelines and procedures in the local law, and the town board would have time to deal with the other matters of town business without the burden of additional responsibilities and review timeframes established in the law, and
WHEREAS, the CAC, upon request of the town board, sought the professional advice of Adirondack Park Agency Officer Brian Grisi and special legal counsel Timothy Smith, Esq. and their appropriate advice has been incorporated in the draft for the public hearing, and
WHEREAS, the costs of implementing the law can be addressed by the annual budget, assignment of duties to the shared code enforcement officer, assessment of reasonable and appropriate fees on the subdivision applicants/developers, use of State Environmental Quality Review (SEQR) charge-back provisions for necessary professional advice, requiring training of planning board members as to proper procedures to avoid lawsuits, and
WHEREAS, the proposed law must be subject to public review and a public hearing per established town hearing rules, conducting the hearing during a period when year round and seasonal residents are generally available, and the town board has reviewed the draft notice of public hearing, and
WHEREAS, the public should have a fair opportunity to express its opinions on an important issue with significant impact on the town and its residents, and all board members should be able to focus on the comments presented;
WHEREAS, the proposed Local Law #1, distributed at the June 24, 2009 special board meeting in draft form, has had its typographical errors and cosmetic changes made, is now in final form;
NOW, THEREFORE, BE IT RESOLVED, that the town board will issue the Notice of Public Hearing on Proposed Local Law Number 1 of 2009, Town of Franklin Major Subdivision Control Law, for official publication twice, with the hearing to be held at 7:00 PM on Monday, July 27, 2009 at the Franklin Town Hall, Vermontville, NY; AND BE IT
FURTHER RESOLVED, the Board will issue a press release to announce the date, place and rules of the public hearing and the availability of the hearing rules and the draft law at the town hall and on the town website; and BE IT
FURTHER RESOLVED, the Supervisor is empowered to and has designated Jack Drury, an independent and qualified presiding officer is hereby appointed to chair the public hearing, at a cost not to exceed $500; AND BE IT
FURTHER RESOLVED, the draft proposed law and rules of the public hearing will be made available to any interested party at the Franklin Town Hall and the Town’s website; AND BE IT
FURTHER RESOLVED, the Town Board requests Citizens Advisory Committee on Subdivision Regulation, per advice of special counsel Tim Smith, Esq. to make recommendations for the creation of a 5-member and 2-alternate planning board of qualified residents with staggered annual appointment dates; AND BE IT
FURTHER RESOLVED, the Town Board will continue the State Environmental Quality Review process, including consideration of any comments on the Environmental Assessment Form and request to be lead agency, and make an appropriate determination of significance prior to any legislative action.

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

Those voting aye:

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

C. INTRODUCTION OF PROPOSED LOCAL LAW #2 - CREATION OF PLANNING BOARD.

Supv. Keith noted that the Town Board had also received copies of proposed Local Law #2. Coun. Smalley reviewed the discussions held by the Board at the August 26, 2009 special board meeting with Tim Smith, Esq. He requested the Board schedule a public hearing on the proposed local law on Wednesday, September 23, 2009 and requested a motion for a resolution, following, which he read into the record.

Motion for resolution
(W.Kretser-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 36: PROPOSED LOCAL LAW #2 of 2009 CREATION OF A
PLANNING BOARDWHEREAS, the Town of Franklin Town Board has undertaken actions to legislate local law #1 of 2009 to regulate major subdivisions in the town, that the board considered the issue of the decision board to administer the subdivision law at its special meeting of June 24, 2009, and that the board adopted Resolution No. 25 at that meeting requesting that the Citizen Advisory Committee on Subdivisions (CAC) make recommendations for the creation of a 5-member and 2-alternate planning board of qualified residents with staggered annual appointment dates;
WHEREAS, the town board would retain the authority to solicit interested and qualified town residents and to appoint town residents to staggered year terms, provide for opportunities for the appointment planning board members and alternates to obtain the state required annual training, maintain the authority to appoint the town Code Enforcement Officer to assist with the administration of the law and the decision whether to accept the dedication of new town roads or other public facilities, and establish the fees for subdivision applications and the annual budget for the planning board; and
WHEREAS, the CAC has advised that the advantages of a planning board include an independent board making decisions and recommendations based on professional and common sense judgment following the specific standards, guidelines and procedures in the local law, and the town board would have time to deal with the other matters of town business without the burden of additional responsibilities and review timeframes established in the law, and
WHEREAS, the CAC, upon request of the town board, sought the professional advice of Brian Grisi (Adirondack Park Agency) and Timothy Smith, Esq. and their appropriate advice has been incorporated in the draft for the public hearing, and
WHEREAS, the proposed law must be subject to public review and a public hearing per established Municipal Law and town hearing rules, and
WHEREAS. the public should have a fair opportunity to express its opinions on an important issue; NOW THEREFORE,
BE IT RESOLVED, that the Town Board will hold a Public Hearing on proposed Local Law Number 2 of 2009, a local law to establish a planning board for the Town of Franklin, with the hearing to be held on Wednesday, September 23, 2009 at the Vermontville Town Hall at 7:00 pm; and BE IT
FURTHER RESOLVED, the town clerk shall timely publish notice of the same.

Those voting aye:

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

Coun. Smalley then read into the record the proposed local law, distributed to the Board on the appropriate Department of State form:

"Town of Franklin (Franklin County)
Local Law No. 2 of the year 2009
A local law to create a planning board;
Be it enacted by the Town Board of the Town of Franklin as follows:

1. The Town of Franklin does hereby establish a Planning Board, pursuant to Section 271 of New York State Town Law.
2. The Planning Board shall consist of five (5) regular members, whose initial terms shall be one, two, three, four and five years, respectively. All terms thereafter shall be five years.
3. The Town Board shall, by resolution appoint members of the Planning Board, for said initial terms and all subsequent terms and shall also designate one member each year to serve as Chairman.
4. The Town Board shall, by resolution, appoint two alternate members of the Planning Board, i.e, a first alternate and a second alternate who shall serve, in that order, when one or more regular members has a conflict of interest on a given matter, with initial terms of three and five years respectively, and all terms thereafter being five years.
5. No person who is a member of the Town Board shall be eligible to serve on the Planning Board as a regular member or alternate member. All candidates for planning board prior to Town Board review and appointment, shall disclose in writing any relationship with an existing officer or employee of the town per provision K.1. of Section 3 of the Town of Franklin Code of Ethics, Local Law #1 of 2003, amended by Local Law #1 of 2004.
6. This law shall take effect immediately upon filing in the Office of the Secretary of State."

QUESTIONS AND COMMENTS

Q/C Will you be holding another public hearing on the subdivision law?

A: Coun. Smalley responded that according to attorney Tim Smith, it was not necessary to hold another public hearing, that the Town had complied with NYS Town Law and Department of State requirements.

D. REQUEST FOR BIDS ON ROAD SAND.

Supv. Keith reported the Highway Superintendent agreed the Department required 13,000 tons of road sand. She then requested a motion for a resolution authorizing the publication of request for bids, which bid opening will occur following the September 23, 2009 public hearing. She suggested publication in the Adirondack Daily Enterprise and the Press Republican.

Motion for resolution
(J.Ordway-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 37: AUTHORIZE PUBLICATION OF REQUEST FOR PRICES OF
ROAD SAND
WHEREAS, the purchase of sand is necessary to keep the Town’s roads safe during the winter months; NOW, THEREFORE,
BE IT RESOLVED, that the Town Clerk is ordered to publish the following request for bids locally:
"PUBLIC NOTICE TO BIDDERS
PLEASE TAKE NOTICE that the Town of Franklin is accepting bids on the purchase of 13,000 tons of screened road sand to NY State specs. Please provide price for sand delivered, with a minimum of four (4) trucks per day, 7:00 am to 4:00 pm delivery, as well as sand picked up.
Bids must be returned by 6:00 PM on Wednesday, September 23, 2009 and be accompanied by a non-collusive bidding certificate. Send bids to Sandra J. Oliver, Franklin Town Clerk, P O Box 209, Vermontville, NY 12989 or delivered to same at the Town Hall, 7 Cold Brook Rd., Vermontville. Envelopes must be marked "SAND BID."
Bids will be opened and awarded at a special meeting of the Town Board at 7:00 PM on Wednesday, September 23, 2009 at the Town Hall, Vermontville, NY. The Board reserves the right to reject any or all bids."

Those voting aye:

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

E. REQUEST FOR BIDS ON FUEL.

Supv. Keith requested a motion for a resolution authorizing the publication of request for bids, which bid opening will occur at the October 14, 2009 regular board meeting. The Board suggested publication 4 times in the Adirondack Daily Enterprise and the Press Republican, and at Jean Baltzly’s suggestion, on staggered days, once per week.

Motion for resolution
(J.Ordway-C.Smalley m/s/p) ALL AYE

RESOLUTION NO. 38: AUTHORIZE PUBLICATION OF REQUEST FOR PRICES OF
FUELWHEREAS, the Town will require four (4) types of fuel for the coming year; NOW, THEREFORE, the Town Clerk is requested to publish the following:

PLEASE TAKE NOTICE that under Town Law section 103A, the Town of Franklin Town Board, 7 Cold Brook Rd, Vermontville, NY 12989 hereby solicits SEALED BIDS on the following:

There are 4 delivery locations, but primarily the Town Hall and the Town Garage. Bids should include billing policy and availability of delivery to accommodate various situations, and bids should also include a statement as to price fluctuation on the item bid upon.
Bids must be addressed to TOWN CLERK and submitted in a sealed envelope. The item(s) to be bid upon and the date and time for opening must be clearly written on the envelope front. Bids will be received until 6:00 pm on Wednesday, October 14, 2009 and will be opened at 7:00 pm that same evening, at the Town Hall, 7 Cold Brook Rd, P O Box 209, Vermontville, NY 12989. Bidder must have been established for at least one year and currently be a duly recognized representative of the company. A NON-COLLUSIVE BIDDING CERTIFICATE must accompany each bid. The Town Board reserves the right to reject any and all bids.
By submission of a bid on an item the bidder deems that the words "or approved equal" be applicable to each price quotation unless so noted. All applicable State and federal taxes WILL BE EXCLUDED from the bid price, and tax exemption certificates will be provided to the successful bidder.
Copies of the specifications and delivery locations are available from the Town Clerk at the Vermontville Town Hall.
BY ORDER OF THE TOWN BOARD"

Those voting aye:

Those Absent:

None

Those Abstaining:

None

Those Voting nay:

None

9. OLD BUSINESS.

A. INFRASTRUCTURE UPDATE.

(1) Grants. Grant writer Ann Holland was contacted and informed the Town would not be pursuing any grant funding as the bonding for Garage was cancelled. Ms. Holland sent her monthly report to Board members requesting direction. Supv. Keith and Coun. Kretser confirmed the only project the Town would pursue was the purchase and installation of new furnaces for the Town Hall and Garage, covered by a grant. ESE will have a report on the Garage furnace installation by the next meeting.

(2) Grant Funding for new "They Told Me So" Booklet. Supv. Keith contacted the Arts Council for the Northern Adirondacks regarding a third-party endorsement to a grant application+, but that organization has already applied for a grant so was unable to assist. Jean Baltzly suggested contacting the Saranac Lake Free Library. Supv. Keith will follow up.

B. FIRE/RESCUE UPDATE.

(1) Saranac Lake Fire Advisory Board. No progress to report; calls placed to Harrietstown Supervisor Larry Miller, but he was on vacation.

(2) Fire Platforms. Coun. Berg reported that platforms will have to be built by a contractor because they are too large for construction at the Town Garage, as originally planned and must be built on-site. He has the names of several reliable contractors and will be contacting them to obtain quotes.

10. COMMITTEE REPORTS

A. CEMETERY & CELEBRATION COMMITTEES.

(1) Town Memories Day. Town Clerk Oliver reported that August 19th Memories Day was well attended and generated a good bit of interest. People liked the historic photos and documents, and information was exchanged. Attendees encouraged the Town to have another display next year. 22 copies of "They Told Me So" booklets were sold.

(2) Union Cemetery. Supv. Keith spoke with Andrew Fortune for his assistance in improving access to some of the gravesites at Union Cemetery. In addition, Supv. Keith asked the Highway Superintendent to mow the larger weed growth in the area that the Custodian cannot mow. It is possible some surveying will need to be done in order to keep the lines straight. The Town does not sell burial plots.

(3) Franklin Falls Cemetery. Coun. Smalley asked the name of the owner of Franklin Falls Cemetery. Supv. Keith replied the actual ownership is "in limbo"; it is a private cemetery, and although the Town of Franklin has helped to maintain it for a number of years, it no longer does so. Based on research performed by Town Historian Brad Merrill, the cemetery is deeded to a cemetery association, therefore, the Town of Franklin considers it a private cemetery owned and managed by a private association. Historian Merrill reported that as a result of complaints filed by the owners of adjoining properties to the Town of St. Armand and according to news reports, St. Armand Supervisor Joyce Morency has ordered a title search. The tool shed constructed on the property has been removed. State Law requires a town to assume management of a cemetery if the private association is disbanded, and the Franklin Falls Cemetery Association unofficially dissolved in the 1920’s and started again in the 1950-1960’s but ceased once again. No death certificates or burial permits for the cemetery have ever been filed in the Town of Franklin.

B. RECREATION COMMITTEE.

(1) Progress on Improvements. Coun. Berg reported that posts have been erected for volleyball, and chips spread under the sliding board. He spoke with Trudeau, and a representative looked at the field and determined Trudeau’s equipment was too small to handle the area; they suggested he contact Luck Bros. Coun. Berg made several calls to Luck Bros., but has not heard anything from them.

(2) Maintenance Equipment. Coun. Berg inquired about the condition of Town Custodian’s lawnmower, and Supv. Keith reported the mower still runs, but is in very poor shape. It is a suitable mower for a 1-acre piece of property but not for the large number of acres the Custodian maintains. Coun. Berg suggested the mower be replaced with a larger piece of equipment.

(3) Summer Youth Program. Supv. Keith reported that the total number of youngsters served by the 6-week program is 3,300. She also attended a School Board meeting and thanked the School District for its support for the summer program.

11. CORRESPONDENCE.

Supv. Keith asked if each Board member had received the October 12, 2009 SUNY Potsdam Local Government brochure. She indicated there are several sessions that would be beneficial; she will distribute copies.

QUESTIONS AND COMMENTS

Q/C: How much did the cleanup of the illegal dump site on Norman Ridge Road cost?

A: Supv. Keith replied that she will compile the costs. Some charges were billed to the Highway Department and some to refuse. She will have the totals for next month’s meeting.

Coun. Kretser commented he would like to see 2 or 3 more boulders blocking the entrance to the site; he will speak with the Highway Superintendent about this.

12. ADJOURNMENT.

There being no further business to conduct, the meeting adjourned at 8:20PM.
(M.Keith-W.Kretser m/s/p) ALL AYE